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22 November 2024 / John Gould
Issue: 8095 / Categories: Opinion , Rule of law , Profession
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A legal path to injustice?

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In a system ruled by immoral leaders, it may be fanciful to believe that lawyers can or will make a difference: John Gould considers a chilling lesson from history

As lawyers, we pride ourselves that we are independent, act with integrity and uphold the rule of law. However, history suggests that when the law itself is captured by immoral or illiberal forces, lawyers and judges may become more or less reluctant servants of the new order.

Dictatorship is not necessarily the product of violence or revolution; sometimes it grows out of democratic constitutions in states which espouse the rule of law and have embedded within them independent lawyers and judges. Although the decline into autocracy may be incremental, that does not mean it is inevitably slow. A handful of years can be enough for even the most civilised of societies to be subverted.

Law is a system of governance by which politics is played out. A legalist philosopher might have said that law and morality should be completely separate because law is only there to enforce the decisions of government,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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